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HomeMy WebLinkAboutCouncil Dec 6 2022Whatcom County Council COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 Minutes - Final Tuesday, December 6, 2022 6PM Hybrid Meeting HYBRID MEETING (PARTICIPATE IN -PERSON AT 311 GRAND AVENUE SUITE 105, SEE REMOTE JOIN INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010) COUNCILMEMBERS Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kaylee Galloway Kathy Kershner CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. Council Minutes - Final December 6, 2022 COUNTY COUNCIL CALL TO ORDER t'n>>noil C'fair Tr%,Ad nnnnvan oalh-rl the mY -,-tlna to nrd(r nt A -Al n m in n hybrid meeting. ROLL CALL Present: 6 - Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Carol Frazey, and Kaylee Galloway Absent: 1 - Kathy Kershner FLAG SALUTE ANNOUNCEMENTS COUNTY EXECUTIVE'S REPORT Satpal Sidhu, County Executive, reported on accomplishments of this past year and the work that lies ahead, and on the recent approval of a levy lid lift to establish a dedicated Healthy Children's Fund to support young children and families in Whatcom County. He thanked all the County staff for the work they do. MINUTES CONSENT Buchanan moved to accept the minutes consent items. The motion was seconded by Byrd (see votes on individual items below). 1. MIN2022-080 Special Council for November 17, 2022 Buchanan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: I - Kershner 2. MiN2022-081. Committee of the Whole for November 22, 2022 Buchanan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner Whatcom County Page I Printed on 112312023 Council Minutes - Final December 6, 2022 3. MIN2022-082 Regular County Council for November 22, 2022 Buchanan moved and Byrd seconded that the Minutes Consent be APPROVED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner PUBLIC HEARINGS 1. B2022-581 Resolution to declare Whatcom County Real Property as Surplus and Approve Sale Donovan opened the Public Hearing and the following people spoke: • Nathan and Molly Seimears • Sandra Matheson Hearing no one else, Donovan closed the Public Hearing. Andrew Hester, Public Works Department, answered questions about the aerial map. Buchanan moved and Donovan seconded that the Resolution Requiring a Public Hearing be APPROVED. Hester continued to answer questions about what property this is and spoke about why it is being surplussed. Elenbaas stated he would abstain. Buchanan's motion that the Resolution Requiring a Public Hearing be APPROVED carried by the following vote: Aye: 5 - Buchanan, Byrd, Donovan, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner Abstain: 1 - Elenbaas Enactment No: RES 2022-051 2. AB2022587 Request authorization for the County Executive to enter into an Interlocal Agreement with the City of Blaine concerning planning, annexation and development within the Blaine Urban Growth Area Wkatcont County Page 2 Printed on 112312023 Council Minutes - Final December 6, 2022 Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing. Frazey moved and Buchanan seconded that the Agreement Requiring a Public Hearing be AUTHORIZED. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 3. AB2022-642 Request authorization for the County Executive to enter into an Interlocal Agreement with the City of Ferndale concerning planning, annexation and development within the Ferndale Urban Growth Area Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing. Frazey moved and Byrd seconded that the Agreement Requiring a Public Hearing be AUTHORIZED. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: I - Kershner 4. AB2022-643 Request authorization for County Executive to enter into an Interlocal Agreement between Whatcom County and the seven cities concerning procedures for amending the Countywide Planning Policies Donovan opened the Public Hearing and the following person spoke: • Todd Lagestee Hearing no one else, Donovan closed the Public Hearing. Galloway moved and Buchanan seconded that the Agreement Requiring a Public Hearing be AUTHORIZED. Matt Aamot, Planning and Development Services Department, answered whether he had a response to the citizen who spoke, who has the final say on passage of an initiated amendment as referenced on page two of the proposed Interlocal Agreement, and whether the requirements for approving amendments have changed since the Council discussed it a few years ago. Galloway's motion that the Agreement Requiring a Public Hearing be AUTHORIZED carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Whatcom County Page 3 Printed on 112312023 Council Minutes - Final December 6, 2022 Nay: 0 Absent: 1 - Kershner 5. A132022-650 Ordinance Establishing Temporary one way traffic on Drayton Harbor Road (DBD check date before scheduling in 2023) Donovan opened the Public Hearing and the following people spoke: • Becky Savo • David Hamilton • Victor Missick • Pete Terry • Jennifer Plombon Hearing no one else, Donovan closed the Public Hearing. Byrd moved and Galloway seconded that the Ordinance Requiring a Public Hearing be HELD IN COUNCIL. Donovan asked if he would like to hold it until the next meeting and Byrd said he was okay with that if it works for staff. Councilmembers spoke about continuing to engage the community and seeing if they can explore alternatives that might be more accommodating to the community while also achieving the County's construction goals, why they cannot use alternating lights, requesting staff to look at the issues this poses to postal service delivery as presented by one of the speakers, and requesting staff to find out what they are planning to do with the bus stop. The following staff spoke: • Jim Karcher, Public Works Department • Doug Ranney, Public Works Department Ranney stated they would address the concerns of the citizens, and AB2022-653 could also be put on hold if they decide to do so on this item. Byrd's motion that the Ordinance Requiring a Public Hearing be HELD IN COUNCIL carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: I - Kershner Wkatcom County Page 4 Printed on M312023 Council Minutes - Final December 6, 2022 6. AB2022-651 Ordinance to install stop signs on Bay Road at the intersection with Kickerville Road Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing. Elenbaas moved and Frazey seconded that the Ordinance Requiring a Public Hearing be ADOPTED. He spoke about his experience driving on this road. Elenbaas's motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner Enactment No: ORD 2022-087 7. AB20222-652 Ordinance to install stop signs on Bay Road at the intersection with Valley View Road Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing. Elenbaas spoke about his experience driving at this intersection and asked how they would let people know there is a stop sign there. Doug Ranney, Public Works Department, answered which location was coming to blows because of the lack of traffic control and stated it was at Drayton Harbor. Councilmembers voted but no one had made a motion so they came back to this item later. Enactment No: ORD 2022-088 See motion and vote on this item after AB2022-653 below. 8. AB202_2-653 Ordinance to remove a temporary stop sign on Drayton Harbor Road (DBD check date before scheduling - see internal note) Donovan opened the Public Hearing and the following person spoke: • Name not stated (resident at Drayton Harbor Road) Hearing no one else, Donovan closed the Public Hearing. Galloway moved and Buchanan seconded that the Ordinance Requiring a Whatcont County Page 5 Printed on 112312023 Council Minutes - Final December 6, 2022 Public Hearing be HELD IN COUNCIL until the next meeting. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 7. AB2022-652 Ordinance to install stop signs on Bay Road at the intersection with Valley View Road Clerk's note: Councilmembers held a public hearing and discussed this item earlier before AB2022-653. Frazey moved and Buchanan seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner Enactment No: ORD 2022-088 9. AB2022-654 Ordinance to remove stop signs on Harksell Road at the intersection with Woodland Road Donovan opened the Public Hearing and, hearing no one, closed the Public Hearing. Frazey moved and Galloway seconded that the Ordinance Requiring a Public Hearing be ADOPTED. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: I - Kershner Enactment No: ORD 2022-089 10. AB2022 -665 Ordinance authorizing the 2023 Whatcom County Unified Fee Schedule Donovan opened the Public Hearing and the following person spoke: ® Todd Lagestee Hearing no one else, Donovan closed the Public Hearing. Frazey moved and Galloway seconded that the Ordinance Requiring a Public Hearing be ADOPTED. Miatcon: County Page 6 Printed on 112312023 Council Minutes - Final December 6, 2022 Byrd asked if they could hold this item and have the Emergency Medical Services (EMS) information included in this schedule. Tyler Schroeder, Director of Administrative Services, answered whether 1,111J iLVIII 15 LIMU-SG11S1UVU, WI1 MUF UIC MUS rCIUMICCU Uy L11C SPCAKCr UFU federal reimbursement fees, and whether the fees are charged by the County or by the districts. He stated the 201.6 through 2022 fee schedules are the fees that are being collected by the districts or by the providers. It is not in the Unified Fee Schedule because Whatcom County does not actually collect those fees. Councilmembers discussed the motion. Schroeder answered whether the districts are charging these fees but the district fee schedules are approved by the Council, when that would come to the Council, and whether it is an annual thing. Frazey's motion that the Ordinance Requiring a Public Dearing be ADOPTED carried by the following vote: Aye: 4 - Buchanan, Donovan, Frazey, and Galloway Nay:_ 2 - Byrd, and Elenbaas Absent: 1 - Kershner Enactment No: ORD 2022-090 11. A132022-673 Ordinance amending Whatcom County Code Chapter 3.72 (Construction Projects -Apprenticeship Requirements) to extend the start dates and enhance the requirements for utilization of the contractor apprenticeship program Donovan opened the Public Hearing and the following person spoke: • Mary Gibb Hearing no one else, Donovan closed the Public Hearing. Galloway moved and Frazey seconded that the Ordinance Requiring a Public Hearing be ADOPTED. Galloway thanked the Public Works Department and the Administration for working with her on this. Galloway's motion that the Ordinance Requiring a Public Hearing be ADOPTED carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Whatcom County Page 7 Printed on 112312023 Council Minutes - Final December 6, 2022 Nay: 0 Absent: 1 - Kershner Enactment No: ORD 2022-091 12. A B2022-688 Ordinance authorizing the levy of taxes for Whatcom County and state purposes in Whatcom County, Washington, for the year of 2023 Donovan stated there are substitute versions of the Ordinance. He reported for the Committee of the Whole Executive Session and stated these funds will be dedicated to the Healthy Children's Fund. If those funds are not fully used they become banked capacity. They can only be used for Proposition five. This item was not an initiative but was put on the ballot by Council. The question they will consider is the rate, and according to the Attorneys, the Council has the authority to pick a different rate. Byrd stated the General Fund Levy is not the General Fund account (where the money would be held). It is the tax mechanism that allows them to collect the tax. Karen Frakes, Prosecuting Attorney's Office, spoke about the concept of banked capacity and stated if the County does not certify the full $.19 increase and instead certifies $.16, that $.03 difference becomes what is referred to as banked capacity and it can be used in the future. When it is used it has to be used for the purposes outlined in the original Ordinance establishing the proposition. Buchanan stated the Council needs to create the fund but they cannot create the fund until this Ordinance is adopted to levy the tax. Donovan opened the Public Hearing and the following people spoke: • Rachel Lucy • Leslie Farris • Deborah Parker • John Marshall • Elizabeth Oakes Roach • Eliana and Annie Russell • Russ Pfeiffer -Hoyt • Joe Nolting • David Lynch • Bodi Hallett • Ray Deck Wtiatcom County Page 8 Printed on M312023 Council Minutes - Final December 6, 2022 • Brian (last name not stated) • Chao-Ying Wu • Shala Erlich • Kim Lund • Heather Powell • Sati Mookherjee • Vesla Tonnessen • Simon Bakke • Mike Hammes • Sierra James • Anna Palmer • Kyle Kirsty • Zach Coen • Colton Redtfeldt • Rebecca Quirke • Andrew Shelton • Rachel Kingsley • John McDonald • Bryant Engebretson • Maya Morales • Name not stated • Todd Lagestee • Christina Jackson • Meredith Hayes • Name inaudible • Katya (last name not stated) • Maya Hill • Cathy MacKay • Janet Johnson • Nathan Evans • Andrew Hanson • Heather Flaherty • Lyle Sorenson • David Gell • Pasquale Carbone • Name not stated • Oliver Trulock • Name not stated • Kris Halterman Whatcom County Page 9 Printed on 112312023 Council Minutes - Final December 6, 2022 • Misty Flowers • Rebecca Lewis • Brendan Walter • Jennifer Wright • Name not stated • Klaus Klix • Sara Rose • Jerry Hunter • Brel Froebe • Danielle Humphreys • Amy • Natalie Chavez • Travis Lofland • Erin Lynch • Enoch Mann Hearing no one else, Donovan closed the Public Hearing. Buchanan moved and Galloway seconded that the SUBSTITUTE Ordinance Version B be ADOPTED. Buchanan spoke about the motion, voter intent, the timing of the property assessment, and the need for this in our community and stated his motion is for "Substitute Ordinance Version B (2)" (on file). Tyler Schroeder, Director of Administrative Services, answered how many Whatcom County levies are budget -based and how many are rate -based. He stated that Washington State has a budget -based system of property taxation according to Municipal Research and Services Center of Washington (MRSC). Elenbaas spoke about what the actual plan is for how the money is going to be spent, how the Council districts voted on this levy, and how that compared to how they voted on the Emergency Medical Services (EMS) levy. Schroeder answered how it is determined what percentage is a passing vote. Galloway spoke about the motion and moved to amend the sixth whereas statement in "Substitute Ordinance Version B (2)" to strike the word "approximately" and the words "Section 2 of so that it would read: Whatcom County Page 10 Printed on M312023 Council Minutes - Final December 6, 2022 WHEREAS, the levy lid lift authorized the county to increase the General Fund levy in 2023 and in the following 9 years appr&xinmt* by $0.19 per $1,000 of assessed value of taxable property within the County, with proceeds deposited in a separate iuna � it eauny Cmiaren s runaj and spent according to -Seet� Ordinance 2022-045; and The motion was seconded by Buchanan. The motion to amend carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner Councilmembers discussed the motion to adopt the Substitute Ordinance as amended. Buchanan stated that his motion includes Exhibit A that was emailed by the Clerk of the Council tonight. Dana Brown -Davis, Clerk of the Council, answered a question about Exhibit A. Buchanan's motion that the SUBSTITUTE Ordinance Requiring a Public Hearing be ADOPTED AS AMENDED carried by the following vote: Aye: 4 - Buchanan, Donovan, Frazey, and Galloway Nay: 2 - Byrd, and Elenbaas Absent: I - Kershner OPEN SESSION Enactment No: ORD 2022-092 Clerk's note: Councilmembers took a short break. The following people spoke: • Name not stated • Chris Van Staalduinen • Name not stated • Andrew Hanson • Name not stated • Cliff Langley Whatcont County Page 11 Printed on 112312023 Council Minutes- Final December 6, 2022 • Maya Morales • Jerry Burns • Todd Lagestee • Jason McGill • Dean Wight • Pam (last name not stated) • Name not stated • Heather Katandin • Lyle Sorenson • Name not stated • Kris Halterman • Misty Flowers • Name not stated • Susan • Klaus Klix • Lindy McDonough • Brel Froebe • Sara Rose • Natalie Chavez • Amy • Travis Lofland Hearing no one else, Donovan closed the Open Session. CONSENT AGENDA (From Council Finance and Administrative Services Committee) Byrd reported for the Finance and Administrative Services Committee and moved to approve all the Consent Agenda items except for item number 30 (AB2022-718). Dana Brown -Davis, Clerk of the Council, answered whether AB2022-732 needs to be considered separately and stated that AB2022-687 and AB2022-693 were requested by citizens to be discussed separately. Elenbaas requested to vote separately on Consent Agenda item numbers 10 and 15 (AB2022-687 and AB2022-693). Donovan stated Consent Agenda items 10, 15, 30, and 32 will be voted on separately so Byrd's motion will be for all the Consent Agenda items except for those. "atcone County Page 12 Printed on 112312023 Council Minutes - Final December 6, 2022 Tyler Schroeder, Director of Administrative Services, answered whether Sun Community Services (as referenced in AB2022-680) is a new group, how may employees they have, and whether they do anything else other than Councilmembers voted on the Consent Agenda items (see votes on individual items below and also see items considered separately after the Consent Agenda). 1. AB2022-667 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Whatcom Conservation District for outreach, education and technical assistance with BBWARM stormwater programs, in the amount of $93,000 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) Byrd reported for the Finance and Administrative Services Committee and moved that the Contract (FCZDBS) be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 2. AB2022-668 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Whatcom Conservation District for education and outreach assistance with Lake Whatcom stormwater utility stormwater programs, in the amount of $64,600 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 3. AB2022-676 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Lydia Place to support operations at the permanent supportive housing facility known as Heart House in the amount of $63,000 for a total amended contract amount of $120,145 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Wtsatcone County Page 13 Printed on 112312023 Council Minutes - Final December 6, 2022 Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 4. AB2022-679 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Julota to integrate data among various data storage platforms used to track and monitor services and care provided to individuals frequently seen by the Health Department's Response Systems Division Programs in the amount of $85,207 for a total amended contract amount of $168,418 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 5. A132022680 Request authorization for the County Executive to enter into a contract between Whatcom County and Sun Community Services for emergency shelter operations at Sun House, in the amount of $482,755 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 6. AB2022-683 Request authorization for the County Executive to enter into a contract between Whatcom County and Thomson Reuters for legal research purposes, in the amount of $87,234.19 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 7. A B2022-684 Request authorization for the County Executive to enter into a contract between Whatcom County and Domestic Violence & Sexual Assault Services to operate Mudcom County Page 14 Printed on W312023 Council Minutes - Final December 6, 2022 emergency domestic violence shelters, in the amount of $50,000 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion n.�rrin`1 by +hn fnllm»i»�s vn4n. -^----'- -'✓ ---- - --_.._tea Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 8. AB2022_-685 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and City of Bellingham to provide funding to support the GRACE Program in the amount of $392,000 annually Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: l - Kershner 9. AB2022-686. Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Acme Water District No. 18 (Water District) for inclusion of the Water District's utility improvements into the Jones Creek Debris Flow Risk Reduction Project, for a cost share amount of $33,000.00 (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) Byrd reported for the Finance and Administrative Services Committee and moved that the Contract (FCZDBS) be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 10. AB2022-687 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the U.S Department of Justice for the FY 2022 Community Oriented Policing Services (COPS) Technology and Equipment Program Grant, in the amount of $300,000.00 This item was considered separately. See below after the Consent Agenda, 11. AB2022- 689 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Whatcom Conservation District (WCD) for continued Whatcom County Page 15 Printed on 112312023 Council Minutes - Final December 6, 2022 technical assistance for Flood Project Implementation, in the amount of $40,000.00 over two years (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) Byrd reported for the Finance and Administrative Services Committee and moved that the Contract (FCZDBS) be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 12. AB2022-690 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Regional Council to extend Nursing Services in the Jail and increase the maximun annual compensation by $128,382.00 for a total of $1,782,522 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 13. AB2022-691 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and Washington Traffic Safety Commission for High Visibility Enforcement (HVE) patrols, in the amount of $8,250.00 Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 14. AB2022e 692 Request authorization for the County Executive to enter into an Interlocal agreement between Whatcom County and Washington Traffic Safety Commission for High Visibility Enforcement (HVE) patrols to address road safety for pedestrians and bicyclists, in the amount of $14,000.00 Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote: w8atcont County Page 16 Printed on 112312023 Council Minutes - Final December 6, 2022 Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 15. A132022­693 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and U.S. Department of Justice Drug Enforcement Administration for Cooperative State and Local Task Force Agreement FY2023 This item was considered separately. See below after the Consent Agenda. 16. A132022-697. Request authorization for the County Executive to enter into a Local Agency Standard Consultant Agreement Supplemental No. 1 between Whatcom County and KPFF, Inc. to provide on -call professional mechanical engineering support for the Whatcom County ferry program in the amount of $40,000 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 17. AB2022-698 Request authorization for the County Executive to enter into a Local Agency Standard Consultant Agreement Supplemental No. 1 between Whatcom County and KPFF, Inc. to provide on -call professional structural engineering support for the Whatcom County bridge program Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 18. AB2022-699 Request authorization for the County Executive to enter into a Local Agency Standard Consultant Agreement Supplement No. 1 between Whatcom County and Trantech Engineering, LLC to provide on -call professional structural engineering support for the Whatcom County bridge program in the amount of $40,000 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Wkatcont County page 17 Printed on 112312023 Council Minutes - Final December 6, 2022 Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 19. A132022.7.00 Request authorization for the County Executive to enter into an interlocal agreement amendment between Whatcom County and the Washington State Department of Health for the delivery and funding of various public health services in the amount of $109,206, for a total amended agreement amount of $8,487,174 Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 20. AB2022-701 Request authorization for the County Executive to enter in to a Collective Bargaining Agreement between Whatcom County and the Washington State Nurses Association for the period of January 1, 2023 - December 31, 2025 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 21. A2022- 702 Request authorization for the County Executive to enter into a contract between Whatcom County and the Washington State Office of Public Defense for the purpose of improving the quality of public defense services in the amount of $200,639.00 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 22. A 2022-703 Request authorization for the County Executive to enter into a contract between Whatcom County and Mount Baker Foothills Chamber of Commerce in the amount of $125,000 Whatcom County Page 18 Printed on 112312023 Council Minutes - Final December 6, 2022 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: o tsucnanan, Byrd, Donovan i;iennaas, rrazey, and vanoway Nay: 0 Absent: 1 - Kershner 23. 7a132022w704 Request authorization for the County Executive to enter into a contract between Whatcom County and Birch Bay Chamber of Commerce in the amount of $130,000 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 24. A132022-705 Request authorization for the County Executive to enter into an agreement between Whatcom County and Bellingham Whatcom County Tourism in the amount of $250,000 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Ave: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 25. AB2022-709 Request authorization for the County Executive to enter into an agreement between Whatcom County and Northwest Regional Council in support of the Meals on Wheels Program in the amount of $120,000 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 26. A.B2022t-711. Request authorization for the County Executive to enter into a lease/contract between Whatcom County Page 19 Printed on 112312023 Council Minutes - Final December 6, 2022 Whatcom County and Unity -Flora Development LLC, to lease space at 104 Unity Street, Bellingham, in the amount of $88,512 Byrd reported for the Finance and Administrative Services Committee and moved that the Request for Motion be APPROVED by consent. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 27. A132022-714p Request authorization for the County Executive to enter into a contract with Midwest Employer Casualty renewal for insurance protection for the self -insured workers compensation program in the amount of $107,590 for calendar year 2023 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 28. AB2022ti 7l 5 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Summit Law Group to provide legal services for matters related to collective bargaining, in the amount not to exceed $89,076 annually through December 31, 2023 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 29. AB20 2-716 Request authorization for the County Executive to enter into interlocal agreement amendment between Whatcom County and the Whatcom Council of Governments for provision of Boundary Review Board administration Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Whatcom County Page 20 Printed on 112312023 Council Minutes - Final December 6, 2022 Nay: 0 Absent: 1 - Kershner 30. AB2022-71 8 Request authorization for the County Executive to enter into an agreement between Whatcom County and Habitat for Humanity for their purchase of a property in Everson for construction of 30 homes in the amount of $449,256 This item was considered separately. See below after the Consent Agenda. 31. AB2022-719 Request approval for the County Executive to award Bid #22-58 Medical Outreach Van Modifications and enter into a contract between Whatcom County and North Point Metalworks, in the amount of $45,096.15 Byrd reported for the Finance and Administrative Services Committee and moved that the Bid Award be AUTHORIZED BY CONSENT. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 32. AB2022µ720 Resolution certifying Whatcom County's property tax levies for collection in 2023 to the County Assessor Enactment No: RES 2022-052 This item was considered separately. See below after the Consent Agenda. CONSENT AGENDA ITEMS CONSIDERED SEPARATELY 10. AB2022-687 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and the U.S Department of Justice for the FY 2022 Community Oriented Policing Services (COPS) Technology and Equipment Program Grant, in the amount of $300,000.00 Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. Tyler Schroeder, Director of Administrative Services, briefed the Councilmembers. Elenbaas stated that every dollar goes for equipment. Byrd's motion that the Interlocal be AUTHORIZED carried by the following vote; Wlmtcom County Page 21 Printed on 112312023 Council Minutes - Final December 6, 2022 Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 15. A,132022-693 Request authorization for the County Executive to enter into an interlocal agreement between Whatcom County and U.S. Department of Justice Drug Enforcement Administration for Cooperative State and Local Task Force Agreement FY2023 Byrd reported for the Finance and Administrative Services Committee and moved that the Interlocal be AUTHORIZED. Elenbaas stated he wanted to point out that this is a no -cost no -reimbursement agreement required by U. S. Drug Enforcement Administration (DEA) for the Sheriff's Office Drug Task Force to be located in the DEA's offices. Byrd's motion that the Interlocal be AUTHORIZED carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner 30. A132022-'718 Request authorization for the County Executive to enter into an agreement between Whatcom County and Habitat for Humanity for their purchase of a property in Everson for construction of 30 homes in the amount of $449,256 Buchanan moved and Galloway seconded that the SUBSTITUTE Contract be AUTHORIZED. Frazey and Byrd explained why they were the dissenting voters in Committee and Councilmembers discussed the motion. Byrd stated he voted no but he got his question answered about how to better disclose to people so they know what they are getting into if they choose to buy a house out there. Frazey stated her reason was that part of the land is in the 100-year flood zone and it was under water twelve months ago. They are going to raise the structures two feet, but where does that water go? She does not think it is responsible to build on land that was flooded twelve months ago when they keep building on this land and funneling the water other places. Councilmembers discussed the motion and the following people spoke and Whatcom County Page 22 Printed on 112312023 Council Minutes - Final December 6, 2022 answered questions: • Marcelo Pratesi, Habitat for Humanity • Chris van Staalduinen, Habitat for Humanity They answered what has been done to plan for mitigation and notification, what studies have been done, what work with the Federal Emergency Management Agency (FEMA) has been done, what assurance there is of flood insurance, and whether they are asking for a zone change from commercial to residential. Dana Brown -Davis, Clerk of the Council, mentioned for the record that this is a substitute version of the contract. Buchanan's motion that the SUBSTITUTE Contract be AUTHORIZED carried by the following vote: Aye: 5 - Buchanan, Byrd, Donovan, Elenbaas, and Galloway Nay: 1 - Frazey Absent: 1 - Kershner 32.-AB2022-720. Resolution certifying Whatcom County's property tax levies for collection in 2023 to the County Assessor Byrd reported for the Finance and Administrative Services Committee and moved that the SUBSTITUTE Resolution be APPROVED. Cathy Halka, Council Legislative Analyst, answered which substitute version they would be voting on and spoke about the differences between "Substitute Resolution Version A" and "Substitute Resolution Version B." They voted on whether to approve version B. Byrd's motion that the SUBSTITUTE (Version B) Resolution be APPROVED carried by the following vote: Aye: 5 - Buchanan, Byrd, Donovan, Frazey, and Galloway Nay: 1 - Elenbaas Absent: 1 - Kershner Enactment No: RES 2022-052 OTHER ITEMS (From Council Climate Action and Natural Resources Committee) Whatcom County Page 23 Printed on 112312023 Council Minutes - Final December 6, 2022 1. AB2022-636 Ordinance amending Whatcom County Code 2.118, reactivating the Whatcom County Wildlife Advisory Committee beyond December 31, 2022 Galloway reported for the Climate Action and Natural Resources Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote: Aye: 5 - Buchanan, Byrd, Donovan, Frazey, and Galloway Nay: 1 - Elenbaas Absent: 1 - Kershner Enactment No: ORD 2022-093 2. AB20222661 Ordinance amending Whatcom County Code 16.20, Whatcom County Shellfish Protection Districts Galloway reported for the Climate Action and Natural Resources Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner Enactment No: ORD 2022-094 (From Council Finance and Administrative Services Committee) 3. AB2022--657 Ordinance amending the Silver Beach Creek Stormwater Improvements Project Fund, request No. 1 Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner Enactment No: ORD 2022-095 4, AB2022-659 Ordinance amending the 2023 Whatcom County Budget, request no. 1, in the amount of $9,737,304 Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following Whatcom County Page 24 Printed on 112312023 Council Minutes - Final December 6, 2022 vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Enactment No: ORD 2022-096 5. AB2022-660 Ordinance amending the project based budget for the North Lake Samish Road Bridge No. 107 Replacement Fund, request no. 2 Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner Enactment No: ORD 2022-097 6. AB2022-662 Ordinance amending the 2022 Whatcom County Budget, request no. 16, in the amount of $636,513 Byrd reported for the Finance and Administrative Services Committee and moved that the Ordinance be ADOPTED. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner Enactment No: ORD 2022-098 7, A132022-675. Request authorization for the County Executive to enter into a contract between Whatcom County and World Relief Western Washington to facilitate distribution of refugee relief funds, in the amount of $150,000 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner w1atcone County Page 25 Printed on 112312023 Council Minutes - Final December 6, 2022 8. AB2022-677 Request authorization for the County Executive to enter into a contract between Whatcom County and Northwest Youth Services to support the Positive Adolescent Development Program in the amount of $115,000 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be HELD IN COMMITTEE. Buchanan made a motion to approve the contract but a motion to hold was already on the floor. Councilmembers discussed the motion to hold. The following people spoke and answered questions: • Satpal Sidhu, County Executive • Tyler Schroeder, Executive's Office • Dana Brown -Davis, Clerk of the Council • Jason McGill, Northwest Youth Services Executive Director They discussed with Councilmembers whether this is money for the Positive Adolescent Development (PAD) program, whether Council could approve the funding and then just institute some conditions with it such as coming back in a certain number of months to give a report or sending a draft community engagement plan, how many months they should set for coming back to the Council, whether they could add terms without the contract having to be re -introduced or re -written, whether staff will be lost if they do not say yes to this tonight, the narrative that there are crimes at the PAD, whether the PAD will not allow the Bellingham Police Department inside, whether the contract has to be approved on a yearly basis or whether it can be approved for smaller increments of time, whether it is things like breaking curfew (as opposed to crime) that show up on a police blotter for this program, having more early engagement with things like this so that Councilmembers are not faced with an ultimatum such as people losing their jobs if they do not approve, and whether all County contracts should be broken up into smaller chunks of time. The motion to hold failed by the following vote: Aye: 2 - Byrd and Elenbaas Nay: 4 - Donovan, Frazey, Galloway, and Buchanan Absent: 1 - Kershner Buchanan moved and Galloway seconded that the Contract be AUTHORIZED. Whatcom County Page 26 Printed on 112312023 Council Minutes - Final December 6, 2022 Galloway suggested a friendly amendment to the motion to add a condition of having an update at the first meeting in April as well as a presentation on a community engagement plan. The motion was seconded by Frazey and accepted by Buchanan. Councilmembers discussed the motion. Buchanan's motion that the Contract be AUTHORIZED AS AMENDED carried by the following vote: Aye: 4 - Buchanan, Donovan, Frazey, and Galloway Nay: 2 - Byrd, and Elenbaas Absent: 1 - Kershner 9. AB2022--681 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Opportunity Council to provide housing case management services in the amount of $607,235 for a total amended contract amount of $1,456,130 Byrd reported for the Finance and Administrative Services Committee and moved that the Contract be AUTHORIZED. The motion carried by the following vote: Aye: 4 - Buchanan, Donovan, Frazey, and Galloway Nay: 2 - Byrd, and Elenbaas Absent: 1 - Kershner 10. AB2022-6778 Request authorization for the County Executive to enter into a contract amendment between Whatcom County and Northwest Youth Services to provide housing case management services in the amount of $482,572 for a total amended contract amount of $1,053,814 Byrd reported for the Finance and Administrative Services Committee and stated it was recommended that it be held in Committee. Buchanan moved and Galloway seconded that the Contract be AUTHORIZED with the same conditions that Councilmember Galloway laid out for the other (AB2022-677) contract (having an update at the first meeting in April as well as a submission of a community engagement plan). Jason McGill, Northwest Youth Services Executive Director, answered whether staff would lose their jobs in January if this were not approved tonight. Whatcom County Page 27 Printed on 112312023 Council Minutes - Final December 6, 2022 Councilmembers discussed the motion. Buchanan's motion that the Contract be AUTHORIZED AS AMENDED carried by the following vote: Aye: 4 - Buchanan, Donovan, Frazey, and Galloway Nay: 2 - Byrd, and Elenbaas Absent: 1 - Kershner (From Council Planning and Development Committee) 11. A132022-627 Resolution approving recommendations on three applications for open space current use assessment Elenbaas reported for the Planning and Development Committee and moved that the Resolution be APPROVED. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner Enactment No: RES 2022-053 CONFIRMATION OF EXECUTIVE APPOINTMENTS TO BOARDS COMMISSIONS, AND COMMITTEES 1. A132022-696 Request confirmation of the County Executive's appointment of Valerie Billmire to the Whatcom County Housing Authority Board of Commissioners Buchanan moved and Galloway seconded that the Executive Appointment be CONFIRMED. Satpal Sidhu, County Executive, answered if there was more than one applicant for this position. He stated there was only one. Buchanan's motion that the Executive Appointment be CONFIRMED carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner ITEMS ADDED BY REVISION There were no agenda items added by revision. Whatcom County Page 28 Printed on 112312023 Council Minutes - Final December 6, 2022 INTRODUCTION ITEMS 1. AB2022-641 Ordinance adopting the Buildable Lands Report (DBD check date) Buchanan moved that the Ordinance Reauiring a Public Hearing be introduced but Donovan stated that the Committee recommended to hold it. The motion failed for lack of a second. Elenbaas moved and Buchanan seconded that the Ordinance Requiring a Public Hearing be removed from Introduction and WITHDRAWN. The motion carried by the following vote: Aye: 6 - Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 - Kershner COMMITTEE REPORTS, OTHER ITEMS, AND COUNCILMEMBER UPDATES ADJOURN Councilmembers gave committee reports and other updates. Karen Frakes, Prosecuting Attorney's Office, answered whether they can forward the letter that Council received from an. attorney regarding Proposition five to anyone who requests it. She stated it would be fully available to the public without redaction. Galloway requested they look ahead to the upcoming year and think about doing another Council retreat in the first quarter of the year to have conversations about what everyone's priorities are for the next year so they can work together on those. Satpal Sidhu, County Executive, said happy holidays and stated he would be traveling to India. The meeting adjourned at 1:04 a.m. on Wednesday, December 7, 2022. The County Council approved these minutes on January 10, 2023. Whatcom County Page 29 Printed on 112312023 Council Minutes - Final December 6, 2022 ATTEST: /� WHATC0 COUNTY COUNCIL �� 9y p° p®®®® WHATC �f M COUNTY WA 01. Dana Bro Wn QciViQ 11�6bpcil Clerk Todd Donovan, Council Chair Ga a lY1 Kristi Felbinger, Minutes Transcription Wkatcom County Page 30 Printed on 112312023